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Official Records of a Condominium Association


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Official Records of a Condominium Association

  1. 1. BACK TO MENUOfficial Records of a Condominium Association 1
  2. 2. Official Records Florida law requires condominiums to maintain the official records of the association within the state for at least 7 years. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 5 working days after receipt of written request by the board or its designee. 2
  3. 3. Inspection An associations official records must be available for inspection by unit owners or their authorized representative at all reasonable times. An association may comply with this requirement by maintaining a copy of the official records on the condominium association property and making them available for inspection or copying. 3
  4. 4. Copies Unit owners have the right to make or obtain copies of official records. The association may adopt reasonable rules regarding the frequency, time, location, notice and manner of record inspection and copying. Associations must maintain an adequate number of copies of the declaration of condominium, articles of incorporation, bylaws, rules and all amendments to those documents, the question and answer sheet and the year-end financial information. 4
  5. 5. Denial of Access If an association fails to provide requested records within ten working days after receipt of a written request, the unit owner may be entitled to damages. The failure of the board to allow inspection of books and records constitutes a dispute for which a unit owner may either file a complaint with the Division or petition the Division for mandatory nonbinding arbitration. 5
  6. 6. The Official Records of an Association Must Include Copies of the plans, permits, warranties and other items provided by the developer. Copies of the recorded declaration for each condominium, articles of incorporation, bylaws and any amendments to them and the current rules of the association. Minutes of all association, board and unit owner meetings, which must be kept for at least seven years. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, telephone numbers, if known, and email addresses and fax numbers of those owners who have consented to receiving communications by these means. Current insurance policies. 6
  7. 7. The Official Records continued… Current copy of any management agreement, lease or other contract for the benefit of the members. Bills of sale or transfer for all property owned by the association. Accounting records for the association and separate accounting records for each condominium the association operates, for at least seven years, including but not limited to:  Itemized records of all receipts and expenditures;  Current statement of account for each unit owner including the unit owners name, the due date and amount of each assessment, the amount paid on the account and the balance due;  All audits, reviews, accounting statements and financial reports of the association;  All contracts for work to be performed, including bids for work to be performed. 7
  8. 8. The Official Records continued… Ballots, sign-in sheets, voting proxies and all other papers relating to voting by unit owners. These items must be kept for one year from the date of the election, vote or meeting to which the document relates. All rental records if the association is acting as a rental agent. Current Frequently Asked Questions and Answers sheet. Other documents related to the operation of the association. The following are examples:  Correspondence and other written communication from the Division;  Invoices for purchases made by the association;  Copies of all insurance records;  Audio and video recordings made by the board or a committee of the board at least until the minutes of the meeting recorded are approved. 8
  9. 9. The Official Records continued… A copy of the inspection report under seal of an architect or engineer authorized to practice in this state, attesting to required maintenance, useful life, and replacement costs of the following applicable common elements comprising a turnover inspection report: • Roof; • Structure; • Fireproofing and fire protection systems; • Elevators; • Heating and cooling systems; • Plumbing; • Electrical systems; • Swimming pool or spa and equipment; • Seawalls; • Pavement and parking areas; • Drainage systems; • Painting; • Irrigation systems. 9
  10. 10. Record not Available for Inspection by Owners Records prepared by or at the direction of an association attorney which reflect legal conclusions, strategies or legal theories and which were prepared for civil or criminal litigation or adversarial administrative proceedings until the conclusion of those proceedings. Certain information obtained by an association in connection with the approval of the lease, sale or some other form of transfer of a unit. Personnel records of association or management company employees, including but not limited to, disciplinary, payroll, health, and insurance records. The term personnel records does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee. 10
  11. 11. Record not Available for Inspection by Owners Medical records of unit owners. Social security numbers, driver’s license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, and property address and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements.  However, an owner may consent in writing to the disclosure of protected information describe above. 11
  12. 12. Record not Available for Inspection by Owners Any electronic security measure that is used by the association to safeguard data, including passwords. The software and operating system used by the association which allows manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association. 12
  13. 13. Customer Contact Center For additional information concerning the Condominium or Cooperative Acts and to request copies of educational materials available to condominium and cooperative unit owners you may contact the Department’s Customer Contact Center at Center at 1-800-226-9101 (Florida Only) or 850-488-1122. You may also e-mail the Department at Statutes and other information concerning the division are available on the World Wide Web at 13